Articles
Opportunity Of Hearing To Proposed Accused At Pre-Cognizance Stage In Complaint Cases: Implications Of Proviso To S. 223(1) Of BNSS
OverviewThe Bharatiya Nagrik Suraksha Sanhita, 2024 (for short, BNSS), a transformative piece of legislation, has redefined criminal jurisprudence by incorporating a proviso to Section 223(1). This provision stipulates that in cases originating from private complaints, the magistrate must serve a notice to the accused, affording them an opportunity to be heard prior to the court taking cognisance of the offence. This pioneering reform has unlocked a cascade of legal intricacies and procedural...
Judging Chats: The Legal Maze Of Whatsapp Evidence In India
In 2024, the Canadian court in the case of South West Terminal Ltd. vs. Achter Land and Cattle Ltd. held that a “thumbs up” emoji in a text message was a valid form of acceptance in a contract. This case highlights the evolving role of electronic signatures and electronic evidence.The Indian courts and statutes are advanced and accept the evolution of digital communication. From casual chats to business agreements, WhatsApp chat plays an effective role in the digital age. Here, the courts get...
Protestations To Supreme Court Judgment Untenable
In the ongoing politico-legal debate certain fundamentals need to be remembered and kept in view so that the focus is not lost. These fundamentals are:The Constitution has adopted the Cabinet form of representative democratic government tersely described as based on the 'Westminster model' where the King reigns but does not rule, the real power being vested in the Council of Ministers on whose aid and advice he is to act. “He can do nothing contrary to their advice nor can he do anything without...
Hungary's Open Defiance And International Criminal Court's Uncertain Future
The Hamas attack of Israel on October 7 has set off a chain of events that sees no potential end in sight soon. The horrific nature of the attack and the equally dreadful counterattack by the Israel Defence Forces (IDF) has ignited a regional armed conflict with non-state groups and several Arab and European countries playing a proxy war with each other. In response, the IDF launched a ground invasion intended to effectively cripple the offensive capabilities of Hamas and in the process had...
Supreme Court In Defence Of Rule Of Law, Federal Loyalty And Constitutional Supremacy
In a landmark judgement emblematic of stare decisis, the Supreme Court of India recently clarified the temporal limitations on the President's authority to reserve Bills under Article 201 of the Constitution, capping such reservations at three months. This jurisprudential milestone, arising from the State of Tamil Nadu v. Union of India (2023), has sparked a significant constitutional discourse on federal comity, gubernatorial propriety, and the separation of powers. The apex court's censure of...
Cognizance And Criminal Complaints: A New Perspective In The BNSS Era
The concept of cognizance has been debated in the discourse on criminal law in India. The meaning of the term “cognizance” has been mystifying since it has been nowhere defined in the Criminal Procedure Code or the Bharatiya Nagarik Suraksha Sanhita. Black's Law Dictionary defines the term “cognizance” as 'jurisdiction', or 'exercise of jurisdiction', or 'power to try and determine causes'.[1] As a result, over the years, the Supreme Court has developed the meaning of this term through various...
Patent Pooling And Diffusion Of Green Technology: A Critical Analysis
Patent pool is a consortium of two or more patent-holders to promote a particular technology and share the market monopoly.Patent pool is an association of two or more companies to cross-license their patents in respect to a particular technology. In other words, this is an agreement between companies to license or permit one another or any third party to use the patents owned by them."The aggregation of intellectual property rights which are the subject of cross-licensing, whether they are...
Misusing The Law: How Criminal Proceedings Deter Investors In Uttar Pradesh
The recent pronouncement of the Hon'ble Supreme Court in Rikhab Birani and another v. State of Uttar Pradesh and Others (SLP(Crl.) No.8592 of 2024), is a searing indictment of the persistent failure of the Uttar Pradesh authorities to adhere to the well-established dichotomy between civil and criminal wrongs. The imposition of costs amounting to ₹50,000/- serves as a stark reminder of the serious lapses in the investigative process, wherein civil disputes are routinely converted into...
Rethinking Parenting In The Digital Era: A Reflection On Netflix's Adolescence
Netflix's Adolescence is a groundbreaking four-episode documentary series that delves into the intricate and often harrowing realities of raising children in today's cyber-centric world. Directed by Philip Barantini, this poignant exploration captures the emotional turmoil and societal pressures that can lead even well-loved children into dangerous territories.The series centers around 13-year-old Jamie Miller, portrayed brilliantly by Owen Cooper, who finds himself at the center of a tragic...
Economic Justice And Dr. Ambedkar
As India navigates the complexities of its economic landscape in 2025, the vision of Dr. B.R. Ambedkar, the architect of the Indian Constitution, remains a beacon for achieving economic justice. While Ambedkar's contributions to social justice and political equality are widely celebrated, his ideas on economic justice—deeply embedded in the Constitution—remain relatively unexplored. This article delves into the untouched dimensions of Ambedkar's economic thought, as reflected in the...
Understanding Supreme Court's New Case Categorization System
The Supreme Court of India has recently introduced a revised system of case categorization effective from 21st April, 2025. This is the first major overhaul of the Supreme Court's case management in nearly three decades. This reform is expected to streamline case management and make it more efficient, data-driven and user-friendly for lawyers and litigants. Historically, the Supreme Court had periodically adjusted its case categorization scheme, but the last major thorough revision was...